DISCIPLINARY POLICY AND PROCEDURE

1 DISCIPLINARY POLICY AND PROCEDURE CONTENTS 1. SCOPE OF AGREEMENT 2. DEFINITIONS. 3. INTENT OF THE POLICY . 4. DISCIPLINARY PROCEDURE . 5. CONDUCT OF ENQUIRY. 6. SUMMARY PROCEDURE 7. RIGHT OF RESIGNATION. 8. DICIPLINARY TRIBUNAL. 9. RECORDING. 10. NON-ATTENDANCE. 11. RIGHT OF REPRESENTATION. 12. SUSPENSION. 13. APPEAL. 14. PRE-DISMISSAL ARBITRATION. 15. RIGHT TO REFER THE DISMISSAL AS A DISPUTE. ANNEXURES: CONDUCT AND RECOMMENDED sanctions . DISCIPLINARY GUIDELINES AND FORMATS. 21. SCOPE OF AGREEMENT. The terms of this POLICY shall be observed in the Local Government Undertaking and in specific the Municipality of The Elias Motsoaledi Local Municipality in the Republic of South Africa by all employers and by all employees who falls within the registered scope of the applicable Council.

2 2. DEFINITIONS. All expressions used in this POLICY , which are defined in the Labour Relations Act, 1995 and as amended, shall bear the same meaning as in the Act and unless the contrary intention appears, words importing the masculine gender shall include the feminine. All reference to days shall be a reference to working days. 3. INTENT OF POLICY The purpose of this POLICY is to establish a common and uniform PROCEDURE for the management of employee discipline and to replace all existing procedures and regulations. The code is a product of collective bargaining and the application thereof is peremptory and is deemed to be a condition of service. The POLICY is taken from the guidelines set in the Collective Agreement on DISCIPLINARY measures. 4.

3 DISCIPLINARY PROCEURE Discipline is to be effected fairly, consistent, progressively and promptly. The maintenance of discipline is the responsibility of management and falls within the control function of any supervisory position. The principles / ethics of natural justice and fair PROCEDURE must be adhered to notwithstanding any criminal and/ or civil action having been instituted. Subject to the requirements of substantive and procedural fairness, the Tribunal has the right to determine the sanction to be applied, having regard to the 3seriousness of the offence and provided that the sanction is consistent with the provisions set in this POLICY . This POLICY and PROCEDURE must be published and made available to all employees so that they may be aware, explicitly, of the standard of conduct at the workplace.

4 This POLICY and PROCEDURE as amended from time to time, will define the DISCIPLINARY process and the rights and obligations of management and employees. An accusation of misconduct against an employee shall be brought in writing before the Municipal Manager or his /her proxy for investigation. If the Municipal manager or his/ proxy is satisfied that there is a prima facie cause to believe an act of misconduct has been committed, he may institute DISCIPLINARY proceedings. The employer shall proceed forthwith or as soon as reasonably possible with a DISCIPLINARY enquiry. Depending on the seriousness of the misconduct, the Municipal Manager or his/ her proxy may refer the matter before either a Departmental Enquiry or DISCIPLINARY Tribunal. A Departmental Enquiry proceeding shall be reserved only for matters where the competent sanction is a verbal or final written warning.

5 In proceedings before a Departmental Enquiry an employee shall enjoy the same rights, as he would have had before a DISCIPLINARY Tribunal. If in the opinion of the Municipal Manager or his / her proxy the misconduct is serious and may result in a sanction of suspension, demotion or dismissal, a DISCIPLINARY Tribunal shall be established to conduct the enquiry. In which event; The Municipal Manager or his/her proxy shall constitute a DISCIPLINARY Tribunal by appointing a suitably qualified person to serve as the presiding Officer. In general a person appointed to serve as the Presiding Officer should be a senior employee in the employ of the Employer. However, if this is not possible or desirable, any other suitably qualified person may be appointed.

6 The Municipal Manager or his / her proxy shall also appoint a person to be referred to as the Prosecutor to represent the employer and to serve 4the function of prosecution. In general a person appointed to serve as the Prosecutor should be a person in the employ of the Employer. However if this not possible or desirable, any suitably qualified person may be appointed. In all instances the Corporate Services Director or Manager Human Resources will assume full responsibility to ensure that DISCIPLINARY measures was followed in a fair, consistent manner and in line with the POLICY and PROCEDURE . The Prosecutor shall, with in (5) five days of his appointment formulate and present the charges to be brought against the employee. The charge(s) is (are) to be set out in a Notice of Misconduct detailing: The alleged misconduct as is contemplated in annexure A hereto; The time date and venue at which the enquiry will be conducted.

7 The name of the presiding officer and the prosecutor and the address at which notices and correspondence may be served on the DISCIPLINARY Tribunal. The fact that the employee may appoint a representative of choice who may be a fellow employee, shop steward, union official and if this is not possible or desirable, any suitably qualified person: and The fact that if the employee or his representative fails to attend the enquiry it may be conducted in absentia. The employee should, whenever possible, acknowledge receipt of the notice. The DISCIPLINARY enquiry should commence on a date not less than five (5) days or more than fifteen (15) days calculated from the date of service of the Notice of Misconduct on the employee. The period referred to in above may be varied by agreement and failing agreement; either party may apply to the Tribunal for an extension of the period.

8 The Tribunal, on good cause shown, may extend any period of time fixed by or under this clause provided a return date is fixed and made certain. 5 5. CONDUCT OF THE ENQUIRY The hearing shall be conducted by the Presiding Officer who may determine the PROCEDURE to be followed subject to the following: The rules of natural justice must be observed in the conduct of the proceedings. Unless otherwise agreed to by the parties, the hearing must be adversarial in nature and character; and The presiding officer in discharging this obligation is to exercise care, proceed diligently and act impartially. The Prosecutor shall bear the duty to commence and the burden to prove each and every allegation(s) on a balance of probability set out in the Notice of Misconduct. In discharging these duties, the prosecutor shall be entitled to call before the DISCIPLINARY Tribunal any witnesses and produce any books, documents or things; and: Subject to legal objection cross-examine any witness called to testify on behalf of the employer and inspect any books, documents or things produced; and Present argument based on the evidence in support of any submission.

9 The employee summoned before the DISCIPLINARY Tribunal shall have the right to be heard in person or through a representative and to call before the DISCIPLINARY Tribunal any witnesses and produce any books, documents or things; and Cross-examine any witness subject to legal objection called to testify on behalf of the employer and to also inspect any books, documents or things produced; and Present argument based on evidence in support of any submission. The presiding officer shall have the power to: Determine the PROCEDURE to be followed for the conduct of the enquiry that he deems appropriate with the minimum of legal formalities provided that the rules of natural justice shall be observed; Put questions, without cross-examining, to the parties or their witnesses on any matter relevant to the issues; Proceed with the enquiry in the absence of a party who is in willful default or fails to attend any meeting despite the expiry of a notice to attend.

10 Make such interim determinations or rulings as he deems necessary; Propose to the parties compromise settlements in disposal of the whole or portion of the issues; Make a finding or fact after having considered the evidence; Invite and hear plea in mitigation, aggravation or extenuation prior to deciding on the sanction to impose; and The following are examples of possible sanctions , which may be imposed by the chairperson, or recommendations made by the chairperson and considered or approved by the Council. Written warning Final written warning; Transfer to another position either with or without financial loss; Suspension without pay for a maximum of 10(ten) days and in the event of a suspension in excess of five (5) days, the suspension without pay shall be spread over three (3) monthly pay periods.